The Looming Shadow: Generational Smoking Bans and the Premium Cigar Industry

By Mike Copperman

The Supreme Judicial Court of Massachusetts’ decision to uphold the town of Brookline’s decision to implement a generational smoking ban, prohibiting the sale of tobacco to anyone born after January 1, 2000, is an underreported but potentially highly critical inflection point for the premium cigar industry nationwide.

Generational smoking bans, while aimed at curbing youth vaping and cigarette smoking by curbing smoking initiation among future generations, fail to consider the full scope of such a ban, grouping mass-market tobacco consumption and the largely occasional and celebratory use of premium cigars.

History shows that tobacco regulations can ripple through America with astonishing speed. The first city-level indoor smoking ordinance was initiated in Aspen, Colorado, in 1987, banning smoking in restaurants. Three years later, San Luis Obispo, California, banned smoking in all public buildings. These bans rapidly proliferated across the United States by 2000 and serve as a stark reminder of how a single city-level ordinance can quickly turn into nationwide adoption. Other Massachusetts towns have similar legislation ready to enact on the heels of the court upholding the ban. In a recent article for by Amanda Keane, Peter Brennan the executive director of the New England Convenience Store and Energy Marketers Association (NECSEMA) spoke to this point: “[the towns of] Lynnfield, Stoneham, Wakefield, Malden and Melrose have already taken a look at the policy… They held off on any action while this was subject to litigation. I would imagine they’re going to start talking about it again.”

These generational smoking bans raise profound concerns about individual rights and the scope of local government authority. Brennan’s rhetorical question – “Do we want to a [sic] state where every product can be banned at the whim of the local board of health?” – underscores the fear of a slippery slope, where the autonomy of adults to make personal choices about legal products is eroded by the influence of specific interest groups. 

In addition to raising fundamental questions about personal freedoms, the prospective nationwide embrace of generational smoking bans presents existential challenges for the premium cigar industry, demanding steadfast opposition. These bans, while presently focusing on a demographic typically younger than the median age of premium cigar consumers, have the potential to profoundly reshape the industry’s terrain, affecting both manufacturers and retailers.If generational smoking bans continue to propagate, it could lead to a premature exodus from the industry, with retailers and manufacturers choosing to close their doors rather than face an uncertain future.

While similar proposed bans passed and then were repealed in New Zealand, and were proposed and failed in the United Kingdom (U.K.), the forces at work on those levels are unlikely to prevail at the state and municipal level in America. In the U.K. and New Zealand, the legislation failed because of concerns about the losses in tax-revenue income from tobacco.

Because those taxes are largely collected at the state and federal levels, municipal governments do not face the same pressures and incentives to keep tobacco products in the stream of commerce. 

For the premium cigar industry and its supporters, the time to act is now. Engagement with policymakers, public education efforts, and legal strategies are essential to navigate this precarious landscape. The industry must articulate the distinct nature of premium cigars, emphasizing responsible consumption and the cultural heritage that distinguishes them from other tobacco products.

The battle against generational smoking bans is not just about preserving a business sector; it’s about safeguarding the rights of individuals to enjoy the pleasures of life, free from unnecessary and overreaching prohibitions. As communities across Massachusetts, and potentially the country, consider following Brookline’s lead, the premium cigar industry must stand united in its message: respect for tradition, moderation, and personal choice must guide our approach to regulation, not blanket bans that fail to recognize the complexities of tobacco use and enjoyment.